Bill
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021
passed, as at 2021-09-10. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2021-06-24
- second reading — 2021-06-24
- second reading — 2021-08-31
- second reading — 2021-09-01
- second reading — 2021-09-01
- committee — 2021-09-01
- third reading — 2021-09-01
- introduced — 2021-09-02
- second reading — 2021-09-02
- second reading — 2021-09-02
- second reading — 2021-09-02
- committee — 2021-09-02
- third reading — 2021-09-02
- passed — 2021-09-02
- royal assent — 2021-09-10
Divisions
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Positive duty amendment — 2021-09-01, Senate: negative, ayes 12, noes 12
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Cost protection — 2021-09-01, Senate: negative, ayes 12, noes 14
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Substantive gender equality — 2021-09-01, Senate: negative, ayes 12, noes 12
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Prohibition against sexual harassment — 2021-09-01, Senate: negative, ayes 12, noes 12
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-09-01.58.1) introduced by NSW Senators [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means they failed. ### What do the amendments do? Senator McAllister [explained that](https://www.openaustralia.org.au/senate/?gid=2021-09-01.190.1): > *Essentially, what this amendment would do is improve the existing entitlement in the National Employment Standards from five days unpaid domestic and family violence leave to 10 days paid domestic and family violence leave, and that is a much-needed reform.* ### Amendment text The amendment text is available on [sheet 1382](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fs1306_amend_93793eac-266b-4b0f-bdb9-cb805cafc047%22;rec=0). — 2021-09-01, Senate: negative, ayes 12, noes 13
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Unions, complaints mechanism and sex-based harassment — 2021-09-01, Senate: negative, ayes 12, noes 13
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Overly high threshold — 2021-09-01, Senate: negative, ayes 12, noes 12
- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - Consideration in Detail - Implement the 55 recommendations — 2021-09-02, House of Representatives: affirmative, ayes 23, noes 17
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2021-06-24.
This bill would strengthen protections against workplace sexual harassment by changing discrimination and employment laws.
It would adopt definitions from work health and safety laws to cover more types of workers, including interns and volunteers.
The time limit for the Australian Human Rights Commission to dismiss a complaint about harassment would be extended from 6 months to 24 months.
- Clarify that sexual harassment based on sex is unlawful in more workplace situations.
- Allow a single instance of sexual harassment to be stopped by the Fair Work Commission.
- Give employees who have a miscarriage an entitlement to compassionate leave.
- Make clear that sexual harassment can be a valid reason for dismissal.
Workers, employers, and the Australian Human Rights Commission and Fair Work Commission are affected.
Sources
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billhome
frl act